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Poster: ogmiz Date: Dec 19, 2009 6:48pm
Forum: movies Subject: copyright and the digital millenium

Hey, Video Celler, know any free online sites that can definitely say what work(s) are truly p.d.?
i know there are other posts on this subject. whereas "newer" films are obviously in copyright and some insist on uploading such to IA despite the law, conflicting opinions abound over other works.
as far as i know, a firm in france claims to have the distribution rights to charlie chaplin films regardless of p.d. or copyright. a sticky situation which prevents a well known site dealing in p.d. films from marketing u.s. p.d. charlie chaplin outside of the u.s. b/c of an (old) legal claim (which may have some merit).
further, another french example, while 'night of the living dead'(1968) unfortunately fell thru the copyright cracks & didn't get a restored copyright in the u.s. (a la 'it's a wonderful life defense'), it is still copyright in france (having followed the rules there).
could france file an injunction against IA for 'night'? IA is international.
'Santa Claus' (rene cardona jr) was considered p.d. for years b/c of "irregularities in filing" re: u.s. copyright procedure, but appears to have filed for restored copyright. but who knows the real status of the spanish 'santa claus'? a version of nosferatu is copyright, but is substantially the p.d. version with a fraction of new material (revised english text) which used not to be grounds for a new copyright.
to resurrect "night of the living dead" : in the u.s. a translation of the film (say, in french) was not considered grounds for a new copyright under pre-DMA (1968)laws (i don't know about now). ergo, the copyright french version (in french OR english) is still p.d. in the u.s. b/c that was the law at the time.
there's enough p.d. material to upload to IA (regardless of differing international claims). we don't need to endanger IA w/ obviously copyrighted material.

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Poster: Video-Cellar Date: Dec 19, 2009 9:57pm
Forum: movies Subject: Re: copyright and the digital millenium

Strange and erroneous claims of copyright occur all the time, particularly in the EU, where legacy and current ("harmonized") copyright laws overlap and intersect. Generally, under Article 7 of the EU derictive for the Hamonization of copyright, rule of the shorter term should be applied to ALL non-EU works with no comparison to EU terms of copyright. So, the fact that NOTLD and the pre-1923 Chaplin films are PD in the US, their country of origin, should make them PD in France as the shorter term should be applied (which is the norm under the Berne convention.) In the US, this works the opposite way, as rule of the shorter term was not applied to works that were not PD in their home country before GATT/URAA restorations came into force on 1 Jan 1996.

IA is based in the US so it is safe to assume that, even though the site can be accessed world-wide, if the content is in the US public domain or in the PD of its country of origin, it is free to use in most Berne signatory countries.

This post was modified by Video-Cellar on 2009-12-20 05:57:52

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Poster: ogmiz Date: Dec 20, 2009 6:00am
Forum: movies Subject: Re: copyright and the digital millenium

Thanks VC!
I've had problems with movies considered p.d. in u.s., an australian company claimed copyright on a bomb 1977 aussie film which had been marketed in u.s. as p.d. ( on cheap vhs/ dollar dvds). pajama game is on dollar dvd (marketed by a company that only deals in p.d.) but i'm not keen to chance putting that on IA since the original company sells a widescreen big bucks version.
i don't find the library of congress site to be user friendly in researching copyright, bloody difficult. if anyone knows a way to research online please let me know!
here's a list that may be somewhat helpful (or misleading, who knows):